Michael Deibert is the author of Haiti Will Not Perish: A Recent History (Zed Books), In the Shadow of Saint Death: The Gulf Cartel and the Price of America's Drug War in Mexico (Lyons Press, 2014), The Democratic Republic of Congo: Between Hope and Despair (Zed Books, 2013) and Notes from the Last Testament: The Struggle for Haiti (Seven Stories Press, 2005). He can be followed at twitter.com/michaelcdeibert.

Sunday, February 13, 2011

WikiLeaks, US Embassy Cable 2009: UNDER NARCO THREAT, RULE OF LAW COLLAPSING IN COBAN.

Introduction------------¶1. (C) Confronted by the threat from three narcotraffickinggroups, including recently arrived "Zetas" from Mexico, thelocal Rule of Law (ROL) apparatus in the northern city ofCoban is no longer capable of dealing with the most seriouskinds of crime. What is happening there is typical of manyrural areas of Guatemala. Sources tell us that Coban'spolice are corrupt and allied with traffickers, and sometimeseven provide them escort. Some judges and prosecutors aretoo frightened to do their jobs properly; others are inleague with the traffickers. Asserting that security is nothis job, the mayor is turning a blind eye to thenarco-violence in Coban's streets. Wholesale restructuringof the ROL apparatus -- not mere personnel changes -- wouldbe required for the state to adequately reassert itsauthority. End Introduction.

Mexican Zetas Settling Down in Coban...---------------------------------------¶2. (C) Prompted by accounts that more than 100 Mexican"Zetas" (the armed wing of the Gulf Cartel, members of whichare former soldiers) have taken up residence, Pol/EconCounselor visited the northern city of Coban, Guatemala,January 11-13. AID officer made a follow-on trip to theregion Jan. 20-22. Coban, which is the capital of AltaVerapaz Department, and its surrounding areas have apopulation of approximately 150,000. Most inhabitants arefrom the Q'Eqchi' and Poqomchi' indigenous groups, though thearea has many Spanish-speaking Ladinos as well. A September2, 2008 shoot-out in front of the shopping mall involvingMexican and Guatemalan traffickers armed with militaryweapons brought Coban's growing narcotrafficking problem tonational attention. Coban is no longer the peaceful place itwas just a year and a half ago, although some interlocutorsreported that the Zetas are now trying to keep a lowerprofile in order to avoid national and internationalattention.

...with Help from Local Authorities-----------------------------------¶3. (C) XXXXXXXXXXXX, a ten-year resident of Coban, said there werethree main narcotrafficking groups/leaders in Coban: WalterOverdic Mejia, the local representative of the GuatemalanLorenzana Family of Zacapa; "El Loco" Turcios, the localrepresentative of the Mendoza drug trafficking family ofIzabal; and most recently, more than 100 Mexican Zetas.Overdic had invited the Zetas in, thinking he could arrange alucrative partnership, but now the Zetas are taking over,XXXXXXXXXXXX said. They are buying land forming a corridor tothe Mexican border, and have met with local African palmgrowers to tell them which land they can buy and which theycannot. They kidnapped some of the growers, employees tounderline their point.

¶4. (C) According to XXXXXXXXXXXX, scores of mid- andlower-ranking Zetas have taken up residence in "El Esfuerzo1" and "El Esfuerzo 2," two poor neighborhoods in Coban,swestern Zone 12, adjacent to the airport. (Comment: Duringa visit to the two impoverished neighborhoods, Pol/EconQa visit to the two impoverished neighborhoods, Pol/EconCounselor observed many idle youths. It appeared that theycould easily be manipulated by outsiders with money.)XXXXXXXXXXXX said immigration authorities are helping the Zetasobtain Guatemalan passports and other documents to normalizetheir status in the country. The Zetas also are believed tooperate a training camp in the area. In separateconversations with AID officer, XXXXXXXXXXXX, native of Coban, said Zetas freely use theairport, even during daylight hours.

¶5. (C) XXXXXXXXXXXX said he had seen police XXXXXXXXXXXX personallyescorting the Zetas. In addition to assisting the Zetas,XXXXXXXXXXXX has been in the employ of both of the mainGuatemalan rival traffickers, Turcios and Overdic, and hasbetrayed both, according to XXXXXXXXXXXX. One or the other may

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assassinate him soon, XXXXXXXXXXXX speculated. He noted thatthe September firefight with military weapons occurred infront of the shopping mall, 500 meters from the policestation. The PNC did not respond. The genesis of thefirefight, according to XXXXXXXXXXXX, was Overdic had sentJorge Flores to ambush the Zetas in retaliation for theirMarch 25 murder of Juan Leon in Zacapa (ref b). When theSAIA (Counternarcotics Analysis and Information Service)briefly detained Overdic,s wife and son, Overdic announcedon local radio that if they were not immediately freed, hewould "blow up the shopping mall, and the commercial centerof town." Storekeepers duly closed for the day, and the mallwas evacuated. Mrs. Overdic was released. (Note: During asearch of the Overdics' bodyguards' quarters, investigatorsallegedly found three checks to Army Colonel Carlos AdolfoMancilla, according to the International Commission AgainstImpunity in Guatemala (CICIG). Mancilla has since beenpromoted to Brigadier General and made Deputy Chief of Staff,ref b.)

Mayor, Police Chief Don't See a Problem---------------------------------------¶6. (C) From Coban but not having lived there sincechildhood, Mayor Leonel Chacon of the FRG left the textilebusiness in Guatemala City to return home to run for mayor.He was eager to discuss his economic development plans withPol/Econ Counselor, but was visibly nervous when asked todiscuss security and narcotics trafficking. He said thatnarcotraffickers could at times be seen in Coban, but had nonegative impact on local life. He dismissed reports of Zetasin Coban as "rumors," and did not react to mention of theSeptember shoot-out, Walter Overdic, and Overdic,s allegedmurder of an appellate court judge two years ago. "I don'thave a problem with anybody," Chacon said. He mentioned thatcommon crime has long remained at a constant, low level.Despite the mayor's assurances, XXXXXXXXXXXX told AIDofficer that local cocaine consumption was growing, and thatthe narcotraffickers' local transportation network nowincludes many taxi drivers and small farmers.

¶7. (C) Police XXXXXXXXXXXX told Pol/Econ Counselor that narcotraffickersoccasionally use the Coban area as a transportation corridor,but do not disrupt local life. He said the Septembershoot-out was Juan Leon's supporters ambushing Mexican Zetas."It doesn't worry me if they want to kill each other,"XXXXXXXXXXXX said. Key to interrupting narcotraffickers'operations is more patrolling, he asserted, but with just 280PNC officers to cover the whole of Alta Verapaz Department,that was not possible. XXXXXXXXXXXX said he personally hadtransported Walter "The Tiger" Overdic to jail on severaloccasions during his previous assignment to the area, butsince judges freed him each time, there was little point ingoing after him or other narcotraffickers again. Commoncrime has long remained at a constant, low level. Youthsfrom impoverished Zone 12, at the western end of Coban, aretrying to imitate Guatemala City gang members, but so farhaven't been much of a problem, XXXXXXXXXXXX said. (Note: MayorXXXXXXXXXXXX and Mayor XXXXXXXXXXXX and Mayor of XXXXXXXXXXXXseparately told AID officer that Alta Verapaz residents tendto report drug crimes to municipal authorities rather than tothe police because they are convinced that Chief Sandoval andhis officers are in league with traffickers. End Note.)

Judicial Workers Intimidated----------------------------¶8. (C) XXXXXXXXXXXX said his conscience wasclear, and that he was doing the best job he could whilebearing in mind Coban,s "new realities." (Note: XXXXXXXXXXXX isone of three judges who may have made decisions helpful toOverdic, according to CICIG.) "I do not wish to become amartyr," XXXXXXXXXXXX said, noting that he drives himself to work,has no security, and his family lives nearby. Local policeare corrupt, XXXXXXXXXXXX said, and he did not know whom to trustwithin local rule of law institutions. XXXXXXXXXXXX acknowledged thelocal presence of Zetas and other traffickers, but would notgo into details. He said it was time to consider a new,extraordinary arrangement that would provide protection forjudicial workers and their families. Anonymity would have tobe part of the arrangement, which would need to include far

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more robust investigative and policing capabilities.

¶9. (C) Criminal Prosecutor XXXXXXXXXXXX of thePublic Ministry (MP, the Attorney General's Office) toldPol/Econ Counselor that she "had never intended to join thearmy, or do any other job likely to get (her) killed" whenshe became a prosecutor decades ago. XXXXXXXXXXXX.When she drives herself to work each morning, she goes past aline of inmates, family members, who are awaiting access totheir loved ones inside, she said. "I put some of thoseinmates in that prison. Do you think their family membersnotice me when I drive by? Do you think they point at me?They do," she said. Mentioning that she regularly ridespublic busses alone, XXXXXXXXXXXX said she would like to vigorouslypursue cases against narcotraffickers, but feels toovulnerable to do so. Furthermore, she said, local policewere not trustworthy. Her workload is on the rise: the CobanMP's common criminal case load had increased from300-400/month two years ago to 600-800 now, and wasdistributed among three prosecutors and four assistants. "Wecannot go on like this ... something has got to change," sheconcluded. There was consensus among AID officer'sinterlocutors that judges and prosecutors are turning a blindeye to narcotraffickers because they fear for their lives,and those of their family members.

Better Leadership in Neighboring Tactic---------------------------------------¶10. (C) Pol/Econ Counselor also traveled to three ethnicPoqomchi, towns immediately south of Coban -- Santa Cruz,San Cristobal Verapaz, and Tactic. Unsatisfied with theusual mayors, answer that they do not deal with securityissues, Hugo Rolando Caal Co, the newly-elected Mayor ofTactic, decided he would. He organized neighborhood"intelligence committees" to gather information on outsidersand criminals, which report information to the Mayor'sOffice, which then reports it to ROL authorities. He is alsoinstalling street cameras that will be monitored from acentral site at the municipality building. Caal said he isconsidering joint security initiatives with the mayors of theother three ethnic Poqomchi' towns -- Tamahu, Santa CruzVerapaz, and San Cristobal Verapaz. He noted that it is easyfor residents of the four Poqomchi' towns to spot outsidersbecause they generally do not speak Poqomchi'. Caal Co hopedto capitalize on the Poqomchis' unique linguistic identityfor the community's security benefit.

¶11. (C) Caal said a recent, gruesome murder made him thinkfor the first time that perhaps narcotraffickers had come toTactic. Hundreds of townspeople had attempted to lynch thesuspected perpetrators on the morning of January 13 (duringPol/Econ Counselor's visit), but PNC Chief Sandoval and hismen arrived to take the suspects into custody. Caal wascritical of ROL authorities, saying they needed to be moreefficient and vigilant. He and other municipal leaders toldAID officer that the PNC's living and working conditions arenot such as to inspire loyalty to the state, and that the GOGneeds to do more for its police, starting with betterQneeds to do more for its police, starting with bettersalaries. In the meantime, Caal Co told AID officer, thearmy, which is a stronger institution, should do more jointpatrolling with the police. This would serve to strengthenthe state's law enforcement presence and might encouragebetter police comportment.

¶12. (C) Judge XXXXXXXXXXXX opined that the ROLapparatus is broken. The PNC and MP often accuse judges offreeing criminals, but the Penal Code was written in such asa way as to make that the likeliest outcome. Guatemaladesperately needs to reform its Penal Code, he said. Incases in which laws, sentencing provisions conflict, such asin the case of the Femicide Law (a copy of which he had onhis desk) and the Penal Code, judges were forced to apply thelesser sentence. Despairing of the status quo, XXXXXXXXXXXX said,"Soon there will be no choice but to resort to martial law."While Tactic had remained relatively quiet, XXXXXXXXXXXX said Cobanwas out of control. He related that three truckloads ofZetas recently stopped a police patrol to inform the two PNCofficers that a narcotrafficking operation was imminent. ThePNC officers should remain silent and go on their way,"unless either of you are dissatisfied with your salaries, inwhich case you should come with us," the Zetas had told the

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police.

Comment-------¶13. (C) Coban's ROL infrastructure was never intended todeal with the kind of threats to public order that it nowfaces, and is collapsing. The process of loss of statecontrol now underway in Coban has already occurred in otherparts of the country, including Zacapa and IzabalDepartments, as well as parts of Jutiapa, Chiquimula, SanMarcos, and Peten Departments. Without outside intervention,Coban will join the growing list of areas lost tonarcotraffickers.McFarland